Anyone wishing to add a terrace to their property is in most cases subject to building regulations. As soon as changes are made to the building or the project has an effect on the neighbors and the neighboring property, permission is required from the building authority. The basis for permission for a building project thus depends on public and private building law. Thus, when adding a terrace, both the neighboring rights of private building law and the building code law of the individual federal states as well as the federal building planning law must be observed.
Basically, there are four different types of a terrace addition. A terrace, regardless of whether it is roofed or unroofed, is an ancillary structural facility. Since the built terrace - like a building - has an effect on the neighboring property, compliance with the prescribed distance areas to the neighboring property is required. According to the building code, this effect is achieved if the terrace is raised higher than one meter above the ground surface. If the distance of the terrace is to be less than 2.5 meters from the neighboring property, permission from the neighbors is required according to the Neighboring Rights Act.
If the terrace has a basement, it is considered part of the building. This means that all regulations with regard to floor area, distances and floor areas must be complied with. A building permit or a building notification is required in this case. The addition of a roof terrace is generally permitted insofar as the buildable areas of a building are affected, which are marked in the development plan. Since a roof terrace is considered a "building structure", it also requires a building permit.
Source: House building tips 24
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